s.16G (CTH) Crimes Act was repealed 16.1.2003 – applies to all sentences imposed after that date

There was no commercial amount for amphetamines / methylamphetamines or MDA until 9.12.2004)

Case

Offence

Amount (pure)

Plea

Record

Result

Appeal

Facts

​Bimahendali

(1999) 109 A Crim R 355

NSWCCA

​Knowingly concerned importation

​80.1g

​PG

​

​6y

NPP 4y

​AD

Drugs imported concealed in package of men's clothing – sent from Indonesia by female friend - appellant took delivery of package – a prime mover in offence

Roeton

[1999] WASCA 1023

Knowingly concerned import

Possess LSD with intent to sell

Sched

Proceeds of crime offence

208.6g (pure)

PG (12.5%)

VG

14y

NPP 7y

(3y for LSD cumulative)

Total:

17y

Eligible for parole

AD

Received packets of amphetamines from courier – found in possession of .294g LSD (147 times trafficable quantity) sent from England – also found in possession of $73,942.36 – significant organisation component of importation

Received drugs mailed in package – to hold drugs for person who organised importation – no part in organisation or planning of offence – lowest level

DPP v Haunga

(2001) 127 A Crim R 358

VSCA

Co-offender:

O'NEILL

Knowingly concerned import

412.9g

PG

3y

Released to recog for 12m after 2y

Crown AA

3y 9m

Released for recog for 2y after 2y 9m

Drugs concealed in parcel sent from overseas – agreed to have parcel addressed to him and pick up parcel for friend - Failure to give promised assistance

Schluenz

(41)

[2001] NSWCCA 314

Attempt possess

83.2g

VG

nil

7y

NPP 4y

AD

Female - Drugs sent to Australia secreted in computer hard drive – delivered to appellant who was to pass it on – 'more than a courier but something less than being the person ultimately responsible for the dissemination of the drug to the community'

Mother to 15y son with no other family

O'Neill

[2001] VSCA 227

Co-offender:

HAUNGA

Att possess

412.9g

VG

4y 6m

NPP 3y 6m

Mailed drugs in package from England – parcel picked up by H and controlled delivery made to appellant – important cog in operation – similar criminality to H